Pacific Pine Lumber Co. v. Western Union Telegraph Co.

Action for damages to plaintiff, alleged to have resulted from defendant’s negligence in failing to deliver a message with due promptitude. The complaint was twice amended; the court sustained the demurrer to the last amended complaint without leave to further amend, and gave judgment for defendant, from which plaintiff appeals.

The complaint shows that defendant is engaged in the business of transmitting and delivering messages and cablegrams for hire, and has an office in San Francisco near the plaintiff’s place of business, which was and is well known to defendant by reason *430 of plaintiffs registering with defendant its address, and that defendant agreed to deliver to plaintiff promptly all messages coming over defendant’s wires directed to plaintiff. On August 18, 1894, plaintiff telegraphed one Snethlage, a customer of plaintiff at Shanghai, China, offering him a vessel to convey a cargo of lumber from Puget Sound to Shanghai upon certain terms. On August 19, 1894, Snethlage replied by defendant’s wires accepting plaintiff’s offer; by reason of the gross and inexcusable neglect of defendant, Snethlage’s message was not delivered to plaintiff until September 13, 1894; on…